In a landmark ruling that balanced judicial integrity with constitutional accountability, Jamaica’s Court of Appeal has maintained the murder conviction and life sentence of Dwayne ‘Chad’ Smith while formally acknowledging a significant breach of his constitutional rights due to procedural delays.
The judicial panel, presided over by Justice Marva McDonald-Bishop alongside Justices Evan Brown and Lorna Shelly-Williams, delivered a comprehensive verdict rejecting all grounds of Smith’s appeal against his 2019 conviction for the 2011 murder of Clive Palmer. The court determined that despite a six-year delay in the appellate process that violated Smith’s right to a timely hearing, the conviction remained legally sound and the sentence appropriate.
The case originated from a fatal August 2011 incident in McCook’s Pen, St. Catherine, where Smith was identified by multiple witnesses as the perpetrator who shot Palmer while he was gathered with others under an apple tree. The 2019 trial concluded with Smith receiving a life sentence with parole eligibility after 20 years.
Defense attorney John Clarke had presented multiple arguments for overturning the conviction, citing alleged judicial errors including improper admission of hearsay evidence, weaknesses in visual identification testimony, and failure to provide sentence reduction remedies for constitutional violations.
The appellate court systematically addressed each contention, noting that while the trial judge had failed to specify the methodology for determining the 20-year minimum term, the sentence was justified given the aggravating circumstances: a home invasion involving firearm violence committed before multiple witnesses, with the weapon never recovered. The judges emphasized that such crimes remain prevalent in Jamaican society.
Regarding the constitutional breach, the court acknowledged the six-year appellate delay as ‘unacceptable’ but noted that Smith had already received substantial sentencing benefits—including seven years’ credit for pre-trial remand time plus an additional three-year reduction. The court calculated that any entitlement for appellate delay would not exceed eighteen months, an amount already effectively covered in the original sentencing consideration.
Rather than reducing the sentence further, the court elected to formally acknowledge the constitutional violation and issue a public apology while letting the original punishment stand. The ruling establishes that not every constitutional breach automatically warrants sentence reduction, particularly when the defendant has already received substantial sentencing considerations.
The court’s final order refused leave to appeal both conviction and sentence, mandated that the sentence be calculated from its original June 28, 2019 imposition date, and formally apologized for the violation of Smith’s constitutional rights under sections 16(1) and 16(8) of the Jamaican Constitution.